HomeMy WebLinkAboutResolution No. 474-03 •
RESOLUTION
WHEREAS, Menards, Inc., initiated a proceeding to vacate°, drainage and utility
easements, and right-of-way located within and adjacent to Menards South Subdivision to
facilitate expansion of the existing Menards South store., and,
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper once, but not less than ten days prior to the hearing, gave notice that the petition had
been filed, provided a brief statement of the nature of the request, and stated that the petition
•vould be heard and considered by the Common Council at a public hearing at 7:00 p.m. on
September 3, 2003; and
WHEREAS, pursuant to the public notice, the Common Council convened to investigate
and consider the matter of the vacation of a portion of the easement and gave all interested
persons the opportunity to make presentations and give testimony concerning the application;
and
WHEREAS, on the basis of the petition filed, the testimony and evidence presented by
interested parties, the recommendation of the Planning and Zoning Department staff, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interest of the City of Rochester, its citizens and all other members of the public to vacate a
portion of the drainage and utility easements, and right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the following drainage and utility easements are hereby vacated and abandoned:
1
•
UTILITY AND DRAINAGE EASEMENTS
•All of the drainage and utility easements dedicated b MENARDS SOUTH SUBDIVISION,
9 Y Y
according to the plat thereof on file at the County Recorder's office, Olmsted County, Minnesota,
lying south or east of a line described as follows:
Commencing at the southwest corner of the Southwest Quarter of Section 13, Township
106 North, Range 14 West, Olmsted County, Minnesota; thence easterly on a Minnesota
State Plane Grid Azimuth from grid north of 88 degrees 55 minutes 12 seconds along the
south line of said Southwest Quarter 100.01 feet to the easterly line of said MENARDS
SOUTH SUBDIVISION; thence northerly 358 degrees 33 minutes 30 seconds azimuth
along said easterly line 20.78 feet to the point of beginning; thence westerly 268 degrees
55 minutes 12 seconds azimuth 39.07 feet; thence northerly 358 degrees 55 minutes 12
seconds azimuth 10.00 feet; thence westerly 268 degrees 55 minutes 12 seconds
azimuth 10.00 feet; thence southerly 178 degrees 55 minutes 12 seconds azimuth 10.00
feet; thence westerly 268 degrees 55 minutes 12 seconds azimuth 55.83; thence
southerly 178 degrees 52 minutes 03 seconds azimuth 191.24 feet;thence westerly 268
degrees 33 minutes 30 seconds azimuth 367.36 feet; thence northerly 358 degrees 33
minutes 30 seconds azimuth 9.50 feet; thence westerly 268 degrees 33 minutes 30
seconds azimuth 32.22 feet; thence southerly 178 degrees 33 minutes 30 seconds
azimuth 87.78 feet to the southerly line of said MENARDS SOUTH SUBDIVISION and
there terminating.
�OGETHER WITH, a 10.00 foot wide public utility easement per Document No 742078, as
recorded at the County Recorder's office, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that the following right-of-way is hereby vacated and
abandoned:
RIGHT-OF-WAY EASEMENT
Part of an existing 66.00 foot right-of-way easement over that part of the Southwest Quarter of
the Southwest Quarter of section 13, Township 106 North, Range 14 West, Olmsted County,
Minnesota, the center line of said easement described as follows:
Commencing at the southwest corner of said Southwest Quarter; thence easterly on a
Minnesota State Plane Grid Azimuth from north of 88 degrees 55 minutes 12 seconds
along the south line of said Southwest Quarter 133.01 feet to the point of beginning;
thence northerly 358 degrees 33 minutes 30 seconds azimuth 372.63 feet; thence
northwesterly 326 degrees 31 minutes 10 seconds azimuth 188.52 feet; thence northerly
358 degrees 33 minutes 30 seconds azimuth 214.80 feet and there terminating.
z
•
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
•
1. Prior to recording this vacating request, the applicant shall dedicate all
new right-of-way and utility easements for the relocation of the right-of-
way and utility easements. The owner shall be responsible for any costs
associated with the relocation of the right-of-way and utilities.
2. The right-of-way being vacated has never been officially designated as
30th Street SE nor can the new roadway be designated as such. The
designation of the new roadway must be coordinated and verified by the
Planning Department— GIS staff.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS c3F2 DAY OF �71—d - , 2003.
r
rP ESIDENVOF SAID COMMON COUNCIL
ATTEST:
C TY CLERK
APPROVED THIS DAY OF 5 A-54 - , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000Wac3te.easement.0303
3